PARTIES: Brotherhood of Maintenance of Way Employes TO DISPUTE: CSX Transportation, Inc.

      Five day suspension assessed F.L. Dodds, ID #175116

      as a result of investigation held may 23, 1989, at

Jacksonville, Florida." FINDINGS:
 Claimant was charged with violation of Rule 78 of the CSX Transportation's Safety Handbook when on March 16, 1989, at 3:05 p.m. at 3019 Warrington Street, Jacksonville, FL, on the 2nd floor of the Dispatcher Center, while on duty not wearing any type of safety glasses.
 A formal hearing was held on May 23, 1989, and as a result, Claimant was issued a five day actual suspension. The Organization thereafter filed a claim on Claimant's behalf; challenging his suspension.
 This Board has reviewed the evidence and testimony in this case and we find that there is sufficient evidence in the record to support the finding that the Claimant was guilty of the safety violation for failing to wear his safety glasses on the date in question.
 Although the Claimant argues that he had to clean them and that he took them off to do that, he was not in the act of cleaning them when he was stopped by his supervisor. If the Claimant needs to clean his glasses, he should stop, take them off, clean them and put them back on. He should not put them in his pocket or some other place.
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Just as when one gets a arty windshield when he is ~civing, one pulls over to the side, cleans the windshield, before going forward. The fact that the glasses were dirty is no excuse.
 Once this Board has determined that there is sufficient evidence in the record to support the guilty finding, we next turn our attention to the type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unless we find its action to have been unreasonable, arbitrary, or capricious.
 A five day suspension for this safety rule violation is not unreasonable given the length of service of the Claimant and his previous letters of caution for safety related matters. Therefore, the claim will be denied. Award:

      Claim denied.


                        2leut~al Member


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          Carrier Member organization me er


Date: 30. Q
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